Rodriguez v. John/Jane Doe

Background

Julio C. Rodriguez filed a self-represented petition under 28 U.S.C. § 2241, a federal law that allows a court to review certain forms of detention, seeking immediate release from immigration detention. The opinion states that Rodriguez was detained at the Moshannon Valley Processing Center in Philipsburg, Pennsylvania. The petition also described alleged medical-care problems, retaliation for complaints about medical care, interference with mail, denial of access to the facility’s law library, concerns about his immigration proceedings, and the effect deportation would have on his family.

The petition also appeared to raise claims about a New Jersey state-court criminal case, including alleged false arrest, malicious prosecution, and violations of due process and the right to a fair trial. Rodriguez separately filed an emergency motion and an application asking the court to request appointment of counsel. The opinion states that the emergency motion did not clearly specify the relief sought. It also notes that an immigration judge had granted Rodriguez voluntary departure on March 9, 2023, according to immigration-court records.

Transfer analysis

The court relied on the rule that a petition challenging present physical confinement generally must be brought in the federal district where the person is confined. The relevant district is the one with authority over the proper respondent, ordinarily the official responsible for the facility where the person is held. The court noted that many courts in the Second Circuit had applied this rule to immigration-detention petitions, although the opinion states that the Second Circuit had not directly addressed the issue in that context.

Because Rodriguez sought immediate release and was detained at the Moshannon Valley Processing Center in Centre County, Pennsylvania, the court concluded that the United States District Court for the Middle District of Pennsylvania had authority over the petition and was the proper venue. Under 28 U.S.C. § 1406(a), the court transferred the action in the interest of justice rather than deciding the petition in New York.

Disposition

The Clerk was directed to transfer the action to the United States District Court for the Middle District of Pennsylvania. The order states that all pending motions are to be adjudicated by the transferee court and that an order requiring a response would not issue from the Southern District of New York. The order closes the action in that court.

The court also stated that the petition made no substantial showing that a constitutional right had been denied, so a certificate of appealability would not issue. It certified that any appeal would not be taken in good faith and denied permission to appeal without paying filing fees. The transfer order itself did not resolve the merits of Rodriguez’s request for release or his other allegations.